West Bengal

StateCommission

IA/154/2019

Mrs. Soma Samanta - Complainant(s)

Versus

Eko X-Ray and Imaging Institute - Opp.Party(s)

Mr. Toofan Mishra

16 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/154/2019
( Date of Filing : 15 Feb 2019 )
In
Complaint Case No. CC/795/2017
 
1. Mrs. Soma Samanta
Vill. & P.O. - Bishalaxmipur, P.S. - Kakdwip, Dist. South 24 Pgs., W.B., Pin -743 347.
...........Appellant(s)
Versus
1. Eko X-Ray and Imaging Institute
54, Jawaharlal Nehru Road, Kolkata - 700 071.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER
 
For the Appellant:Mr. Toofan Mishra, Advocate
For the Respondent: Mr. Niladri Banerjee, Advocate
Dated : 16 Apr 2019
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          In the instant Interlocutory Application the complainant prays for addition of name of the baby victim and her father as Parties/Complainants to the proceeding. While disposing of the Interlocutory Application No. 761 of 2018 it was observed by this Commission by order dated 28.1.2019 that the application was defective one so far as the insertion of the minor as a complainant . Since the provision of Order 32 Rule 1 of the Code of Civil Procedure was not complied with, liberty was given to the complainant to file a fresh application complying  such provision. In compliance of such direction the instant Interlocutory Application being 154 of 2019 was filed and we are going to dispose of the same.

          The complainant is intending to insert her minor baby as a party to the proceeding to be represented by her father as natural guardian who was not a party to the proceeding. However, for just decision of the case we are inclined to allow the Interlocutory Application under disposal with the observation that the baby Samata Mallick be added as a party to the proceeding being represented by her father Suman Mallick who would be a party, Complainant no.2. This order is passed for proper adjudication of the Complaint Case and for the ends of justice.

          To 27.6.2019 for report of the Experts’ Committee as directed  by order dated 28.1.2019. The Complainants are directed  to supply the  documents to the office of this Commission  for sending those  to the SSKM Hospital, as directed by  the order dated 28.1.2019. Office to comply the said order dated 28.1.2019 at once. 

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 
[HON'BLE MR. SHYAMAL KUMAR GHOSH]
MEMBER

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